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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0561 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26 27 28 29 30 31 32 33 34 35 1 Temp. Reso. #6679 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94- J: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT RETAINING THE LAW FIRM OF LEIBOWITZ & ASSOCIATES, P.A. AS OUTSIDE COUNSEL FOR THE PURPOSE OF PREPARING A MODEL CABLE TELEVISION FRANCHISE ORDINANCE FOR THE CITY OF TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac, Florida deems i to be in the best interests of the citizens and residents of the City o Tamarac to enter into an Agreement with the law firm of Leibowitz Associates, P.A. to prepare a model cable television franchise ordinanc( for the City of Tamarac. L NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C OF TAMARAC, FLORIDA: aECTION 1_. That the foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made E specific part of this resolution. SECTION 2: That the appropriate City officials are hereb authorized to execute an Agreement with Leibowitz & Associates, P.A., t provide outside counsel for the purpose of preparing model cabl television franchise ordinance for the City in the area of cable televisior (a copy of the Agreement is attached hereto as "Exhibit A" and made a pa hereof.) SECTION 3: All resolutions or parts of resolutions in confli 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28i 29 30 31 32 33 34 35 2 Temp. Reso. #5679 herewith are hereby repealed to the extent of such conflict. SECTION 4 If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption PASSED, ADOPTED AND APPROVED this /3 day of alaa 1994. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOUMION as to form. 1ITCHELL S"KRA CITY ATTORNEY [CableCounselCity.ms] IF NORMAN ABF MAYOR RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DISTRICT 1 DISTRICT 2: DISTRICTS: DISTRICT 4: V / M !(ATZ C / I'A SC-NREIBER _. TkAl fte1Pr%UCft 11 MATTHEW L. LEIBOWITZ JOSEPH A. BELISLE ILA L. FELD OF COUNSEL AARON P. SHAINIS LEE PELTZMAN� SANFORD L. BOHRER NOT ADMITTED TO FLORIDA BAR Mitchell Kraft, City of Tamarac 76525 N.W. 88th Tamarac, Florida Dear Mitch, LEIBOWITZ & ASSOCIATES, P.A. SUITE 1450 SUNSANK INTERNATIONAL CENTER ONE SOUTHEAST THIRD AVENUE MIAMI, FLORIDA 3.31.31-1715 TELEPHONE (305) 530-1322 TELECOMIER (305) 530-9417 March 30, 1994 City Attorney Avenue 33321-2401 4 - 14-SZ.1.2 SUITE 500 1255 23RD STREET, N.W. WASHINGTON, O.C. 20037 This letter is to set forth the Agreement of the City of Tamarac, Florida to retain the Law Farm of Leibowitz & Associates as counsel for the purpose of preparing a model cable television franchise ordinance. Our fee for this project is $5,000 for which we will provide a single model ordinance, appropriate telephone consultations to review the document with the City Attorney and an oral presentation or workshop for the City Commission of the document. Any additional attorney services provide in connection with the scope of this work, including participation in negotiations with the cable companies, will be billed a the blended hourly rate of $175. In addition to fees, Leibowitz & Associates shall be entitled to payment of out-of-pocket expenses and reimbursements, including but not limited to long distance telephone calls, air express charges, printing and hand delivery. Photocopies are billed at the rate of .25 cents per copy. Facsimile transmissions are billed at the rate of $2.00 per page. Travel outside of Dade, Broward and Palm Beach counties and lodging, and retaining of outside professionals, incurred as a result of the above -referenced services shall be approved by the City of Tamarac prior to being incurred. 0 0 0 Page Two The fixed fee of $5,000 will be due and payable upon receipt of the ordinance. All other fees and expenses will be billed monthly and payable within thirty days of billing. Billing statements will identify the individual attorney and the amount of time involved in the work. This Agreement shall be for a term of one year, from the date this Agreement is accepted by the City. However, it may be cancelled at any time by either the City or Leibowitz & Associates upon receipt of 30 days written notice. In addition, this letter will serve to confirm that Leibowitz & Associates has been retained by the Woodmont Property Owners Association, Inc. to represent the Association in all matter related to the award of a cable television services contract. Moreover, it has been agreed by and among the Woodmont Property Owner's Association, Inc. and the City of Tamarac that the Firm's representation of the City concurrent with its representation of Woodmont is acceptable to all parties. Similarly, the Farm has also represented Woodlands, however, if at any time, in the opinion of the Law Firm, a conflict of interest exists between the Associations and the City of Tamarac, Leibowitz & Associates may, at the Firm's discretion, discontinue representation of the Associations pursuant to our agreement with the Associations. If the foregoing meets with your approval, please so indicate by signing this letter where indicated and returning an executed copy to our office for our records. We look forward to working with you and the other city officials on this very exciting project. Sincerely yours, Matthew L. Leibowitz CITY OF TAMARAC The undersigned, being duly authorized, hereby accepts this en `ment. F? t 1 , � - B. Robert S. Noe, Jr. onman Abramowitz City Manager Date: �' 9 A proved as to if ATTEST: 1 Carol A. Evans, City Clerk, CMC itchel S. Kraft, Ci - 'Attorney